April 24, 2019 PARLIAMENTARY DEBATES 1 NATIONAL ASSEMBLY OFFICIAL REPORT Wednesday, 24th April 2019 The House met at 2.30 p.m. [The Speaker (Hon. Justin Muturi) in the Chair] PRAYERS PETITION MACKINNON ROAD SETTLEMENT SCHEME IN KINANGO CONSTITUENCY Hon. Speaker: Member for Kinango, Hon. Benjamin Tayari. Hon. Benjamin Tayari (Kinango, ODM): Thank you, Hon. Speaker. This is a public petition regarding Mackinnon Road Settlement Scheme in Kinango Constituency. I, the undersigned, on behalf of Mackinnon Road Land Owners Association in Kinango Constituency draw the attention of House to the following: THAT, access to and ownership of land as a factor of production is a fundamental enabler of the realisation of the highest attainable standard of life through exploitation of the economic resource of land. THAT, the Mackinnon Road Settlement Scheme was started in 2011 and envisioned to be rolled out in three phases with a view to availing to residents land for settlement and economic utilisation to the local community that had lived on the land for years. THAT, to effectively manage the settlement phases, the community, under supervision of the then District Commissioner for Kinango District, established a committee and elected members to represent various villages in the committee and liaise with government lands officers in processing resettlement. THAT, in spite of the coordination structure the committee provided, no meeting was convened and survey works continued. Instead, members of the committee were informed that they would be updated when every phase of the settlement scheme was completed and validation and verification of plots done. THAT, contrary to the assurances given to residents, no communication was issued regarding the process of survey and verification of the various phases of the settlement scheme. Further, that during Phase II survey works, the Administration Police Officers were used to frighten and repel the public, who wished to witness the process, from allegedly interfering with the survey works. THAT, residents held peaceful demonstrations seeking respect for their right to information and participation in the process but no assistance came through. THAT, the local administration allegedly removed members of the committee elected by the community under unclear circumstances and replaced them with handpicked representatives. Disclaimer: The electronic version of the Official Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor. April 24, 2019 PARLIAMENTARY DEBATES 2 THAT, the process has been marred with malpractices including but not limited to alteration of plots, non-adherence to the 10% rule of according residents priority in allocation of land and undeserving beneficiaries paying bribes to be allocated plots. THAT, consequent to the malpractices majority of rightful beneficiaries were not allocated land. Some were lumped up in small parcels of land, while others who were issued title deeds for allocated parcels of land were later displaced from their homes in favour of outsiders who are now selling the land. THAT, the petitioners have sought justice from various government agencies such as the County Commissioner for Coast Region, the National Land Commission and the County Government of Kwale but all has been futile. THAT, none of the issues raised in this Petition are pending in any court of law, constitutionally or any legal body. Therefore, your humble petitioners pray that the National Assembly through the Departmental Committee on Lands – (i) Intervenes to cause the relevant government agencies to nullify the exercise of survey and validate and verify plots in Mackinnon Land Settlement Scheme. (ii) Recommends that a fresh and transparent exercise be undertaken to ensure that only genuine beneficiaries are allocated plots in the said settlement scheme and that the people’s inalienable right to participate in the exercise is guaranteed; and (iii) Makes any other recommendations it deems fit in the circumstance of this matter. And your petitioners will ever pray. Thank you, Hon. Speaker. Hon. Speaker: I see there is a comment from the Member for Makueni. Hon. Daniel Maanzo (Makueni, WDM-K): Thank you Hon. Speaker, for giving me an opportunity to comment on this Petition. The Petition is quite plateful. Considering what has happened with petitions in the past… One time I brought a Petition which was processed and it went through. I saw how heavily the Departmental Committee on Lands was then burdened to deliver in 60 days. Considering the weightiness of many petitions, probably it would be good if Parliament rethinks maybe on the number of days given. This is because you have seen committees coming here to request for more time because of the activities involved. When it involves land, it is quite complicated. Secondly, there is the issue of the National Land Commission (NLC), which is supposed to work with the national Government. Although the NLC is now in place and has been there, it seems the old role of the chiefs and county commissioners is parallel to what NLC can deliver. The Committee has a lot of work to do. When a Committee makes recommendations as it has been requested, you find that at times it is very difficult to implement. Even when matters go to the Committee on Implementation, it has to go back to Government and sometimes it becomes very difficult for the Committee to eventually deliver whatever the petitioners are looking for. We may have to relook at the Standing Orders especially on how we handle petitions because they are framed in the Constitution and are very important to the people. If a Member of Parliament does not deliver on a petition, it will then look like he has not performed for his people. Hon. Speaker: Very well spoken. It is important to appreciate that in crafting the Standing Orders, the House appears to have only assumed that when people petition, they only just get back the recommendations. But, if, as you said, the recommendations require adoption by the House, you must look at the Standing Orders, particularly Standing Order No.227 and Disclaimer: The electronic version of the Official Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor. April 24, 2019 PARLIAMENTARY DEBATES 3 make an appropriate adjustment so that the report of the petition then becomes subject to adoption by the House. As it is now, the report is merely supposed to be sent back to the petitioner with whatever recommendation. It does not go to the Committee on Implementation because it deals with recommendations of the House which have been adopted. Since these ones are recommendations of the Committee which are sent and merely laid on the Table of the House for comments for a period of only 30 minutes without any Question put or any resolution sought, as Hon. Maanzo said, there will be need for us as a House to look at what should be done with the recommendations that come from a Committee pursuant to a petition to give effect to Article 95 which gives this House the power to discuss and resolve matters of concern. It could work along those lines. I am also mindful that in the morning I heard the Leader of the Majority Party make a very good proposition that perhaps it is high time we came up with one committee to deal only with petitions regardless of whatever subject they touch on so that other Committees are given time to deal with the other functions that are equally demanding. Sometimes you may accuse Committees of taking too long with petitions. They are also dealing with Bills, legislative proposals, issues to do with reports of public accounts and investments as well as other reports. If Members would be persuaded, they could consider that proposal which I find quite forward- looking. For the time being, the Petition is committed to the relevant Departmental Committee on Lands to deal with as provided for in Standing Order No.227. Before we move to the next Order, allow me to recognise a delegation of seven members of staff from the Parliament of Zambia who are seated in the Speaker’s Gallery. I welcome them to observe the proceedings in the National Assembly this afternoon. Let us move to the next Order. PAPERS LAID Hon. Aden Duale (Garissa Township, JP): Hon. Speaker, I beg to lay the following Papers on the Table of the House: The 4th Quarterly Report covering the period from 1st October 2018 to 31st December 2018 from the Ethics and Anti-Corruption Commission. Reports of the Audit of the National and County Policy and Legislation from the Council of Governors and Sectoral Reports from the Kenya Law Reform Commission on the following sectors: (a) Public Finance Management. (b) Agriculture. (c) Urban Development, and (d) Health. Annual Reports and Financial Statements of the following Institutions for the year ended 30th June 2018: (a) Kirinyaga University. (b) Commission on Administrative Justice (Office of the Ombudsman), and (c) Salaries and Remuneration Commission. Annual Report and Financial Statements of Kenya Universities and Colleges Central Placement Service (KUCCPS) for the year ended 30th June, 2015. Disclaimer: The electronic version of the Official Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor. April 24, 2019 PARLIAMENTARY DEBATES 4 Hon. Speaker: Let us have the Chairperson of the Departmental Committee on Justice and Legal Affairs. Hon. William Cheptumo (Baringo North, JP): Hon. Speaker, I beg to lay the following Paper on the Table of the House: Report of the Departmental Committee on Justice and Legal Affairs on its consideration of the Law of Contracts (Amendment) Bill, 2019. Hon. Speaker: Very well. Next Order.